Legal Question in Criminal Law in New York

false imprisonment aand extortion(nys penal law 155.50)

During a investigating of employee theft, can a loss prevention person instructed a empolyee to withdrawn money from their bank account to pay back the employer. The loss prevention person escortes the empolyee to the bank and then escort the employee back. Is this also falseinprisonment and do they have the right to hold the empolyee once the empolyee leaves their property. Also, the empolyer told the employee that is will be handle internal and if they do not pay they will go to jail. This compel the employee to get the money. The employee did tell the employer it was mistake and put in a etra zero in the transaction. After the employee gat the money, the employer told the empolyee to sign a statemnt saying the empolyee did the transaction but still telling the employee this will be handle internal. After signing the statement ,the loss prevention person tell the empolyee that they will have to press charges and proceed to open the door of the room which three officers were standing outside. During the entire incident the employee could not leave the room with out a escort. The employee was even escorted to get her wallet from the locker room. What if any laws were broken by the employer.


Asked on 2/11/07, 4:45 am

1 Answer from Attorneys
James Kats James S. Kats, Esq.

Re: false imprisonment aand extortion(nys penal law 155.50)

To answer your question, much more info is needed. For example, you indicate there was some "force" or "compulsion" involved and the person felt she was in "custody". But what exactly was said or done to make her think she was being forced to do something?

James Kats www.lawjsk.com

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Answered on 2/12/07, 8:14 am


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